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by Gabe

I rise—once again—to voice my strong opposition to the misguided FISA legislation before us today. I have strong reservations about the so-called improvements made to Title I. But more than that, this legislation includes provisions which would grant retroactive immunity to telecommunications companies that apparently have violated the privacy and the trust of millions of Americans by participating in the president’s warrantless wiretapping program. If we pass this legislation, the Senate will ratify a domestic spying regime that has already concentrated far too much unaccountable power in the president’s hands and will place the telecommunications companies above the law.
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That question is coming for every single one of us in this body. Every single one of us will be judged by a jury from whom there’s no hiding: our sons, our daughters, our grandchildren. Someday soon, they’ll read in their textbooks the story of a great nation, one that threw down tyrants and oppressors for two centuries; one that rid the world of Nazism and Soviet communism; one that proved that great strength can serve great virtue, that right can truly make might.

And then they will read how, in the early years of the 21st century, that nation lost its way.

We do not have the power to strike that chapter. No, Mr. President—we can’t go back.

We can’t un-destroy the CIA’s interrogation tapes. We can’t un-pass the Military Commissions Act. We can’t un-speak Alberto Gonzales’s disgraceful testimony. We can’t un-torture innocent people. And perhaps, sadly, shamefully, we cannot stop retroactive immunity. We can’t un-do anything that has been done in the last six years for the cause of lawlessness and fear.

We cannot blot out that chapter. But we can begin the next one, even today. Let its first words read: “Finally, in June 2008, the Senate said: ‘Enough.’”

I implore my colleagues to write it with me. I implore my colleagues to vote against retroactive immunity and vote against cloture tomorrow morning.

This legislation has been billed as a compromise between Republicans and Democrats. We are asked to support it because it is a supposedly reasonable accommodation of opposing views. Let me respond as clearly as possible: This bill is not a compromise. It is a capitulation.
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I have spent a great deal of time over the past year – in the Senate Intelligence Committee, in the Senate Judiciary Committee, and on the Senate floor – discussing my concerns, offering amendments, and debating the possible effects of the fine print of various bills. But this isn’t simply about fine print. In the end, my opposition to this bill comes down to this: This bill is a tragic retreat from the principles that have governed government conduct in this sensitive area for 30 years. It needlessly sacrifices the protection of the privacy of innocent Americans. And it is an abdication of this body’s duty to stand up for the rule of law. I will vote No.

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